Employees’ tongues are wagging and employers are positively salivating at the prospect of reducing salaries for those working at home
Facebook Inc.’s announcement that it will allow employees to work from home but, if they move out of California, will see reduced pay based upon the cost of living in their new locations, has employees’ tongues wagging and employers positively salivating.
The difference is that the employee retains the option of working from the office without any reduction so that the lower salary option is the employee’s decision. Ernst refused and was fired. The court said that the parties had a clear understanding that Ernst would remain in the Calgary area until he moved to Vancouver. His refusal to return from Mexico was cause for his discharge without severance.
Employees are being asked to return from layoffs at reduced or different positions, at lower salaries and at reduced hours of work. Even if they are restored, employees who accept these changes, often out of loyalty to their employers, find themselves with less legal rights going forward since employers can make similar changes to their hours or wages, or introduce another layoff in the future without triggering a constructive dismissal.
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